alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 10.10

                                 LOAN AGREEMENT

Made this 25th day of June, 2004.

BETWEEN:

      YUKON  GOLD  CORPORATION,  INC.  a  Delaware  Corporation  (herein  called
"Yukon").

AND

      J. L. GUERRA, JR., (herein called "JLG")

1.    JLG agrees to lend to Yukon US$100,000  secured by a non-interest  bearing
      promissory  note due on demand (the Loan) in the form  attached  hereto as
      Schedule A.

2.    As  consideration  for  the  Loan  Yukon  agrees  to  pay  to JLG a fee of
      US$5,000.00 to cover due diligence and other expenses.

In witness  whereof the parties  hereto have executed  this  Agreement as of the
date first written above.

YUKON GOLD CORPORATION, INC.


Per: /s/ Stafford Kelley
     ----------------------
     Stafford Kelley

Per: /s/ Warren Holmes
     ----------------------
     Warren Holmes

J.L. GUERRA, JR.

/s/ J. L. Guerra Jr.
---------------------------

<PAGE>

                                   SCHEDULE A

                                 PROMISSORY NOTE

Amount: US$100,000

      FOR VALUE RECEIVED, the undersigned Yukon Gold Corporation, Inc., promises
to pay J. L. Guerra, Jr., or to his order, the principal sum of US$100,000 which
is non-interest bearing.

      The undersigned promises to pay the outstanding balance on demand.

      All or part of the principal sum due hereunder may be prepaid from time to
time without notice, bonus or penalty.

      The  undersigned  waives  presentment  for  payment,   demand,  notice  of
non-payment,  notice  of  dishonor,  protest  and  notice  of  protest  of  this
promissory  note and diligence in collection or bringing  suit,  and consents to
all extensions of time,  renewals,  waivers or modifications that may be granted
by the  holder  with  respect  to the  payment  or any other  provision  of this
promissory note.

      DATED this 25th day of June, 2004.

Yukon Gold Corporation, Inc.

By: /s/ Stafford Kelley
    ---------------------
    Stafford Kelley

By: /s/ Warren Holmes
    ---------------------
    Warren Holmes
Exhibit 32.1

               CERTIFICATIONS PURSUANT TO 18 U.S.C. SECTION 1350,
                       AS ADOPTED PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002


The undersigned  hereby certifies in his capacity as Chief Executive  Officer of
Belmar Capital Fund LLC (the Fund), that based on his knowledge:

(a)  the  Quarterly  Report of the Fund on Form 10-Q for the quarter ended March
     31, 2004 (the Report) fully complies with the requirements of Section 13(a)
     of the Securities Exchange Act of 1934, as amended; and

(b)  the information  contained in the Report fairly  presents,  in all material
     respects, the financial condition and the results of operations of the Fund
     for such period.


Date:  May 10, 2004


                                        /s/ Thomas E. Faust Jr.
                                        -----------------------
                                        Thomas E. Faust Jr.
                                        Chief Executive Officer
THIS EXTENSION AGREEMENT made as of the 29th day of November 2003  








THIS EXTENSION AGREEMENT made as of the 29th day of November 2003  







BETWEEN:

Byard MacLean, a businessman having an office at 1274 West Pender Street, Vancouver, British Columbia, V6E 2S8




(hereinafter referred to as “MacLean“)

OF THE FIRST PART

AND:

Zena Capital Corp. and it’s wholly owned subsidiary Rock Creek Minerals Ltd. having offices at #604 – 750 West Pender St., Vancouver, British  Columbia V6C 2T7




(hereinafter collectively referred to as "the Company”)




OF THE SECOND PART




WHEREAS:

A.

The parties have executed an Option Agreement dated September 24, 2003 which was effective and binding on the parties hereto once signed by the parties subject only to the approval of all regulatory bodies having jurisdiction in connection with this Agreement and the Claims, including the Exchange and the British Columbia Securities Commission being received on or before November 30, 2003.

 

B.

The Company wishes to extend the date for final approval of all regulatory bodies having jurisdiction in connection with this Agreement and the Claims, including the Exchange and the British Columbia Securities Commission being received from November 30, 2003 to February 9th, 2004.




C.

 MacLean wishes to expedite the development of the Claims during the period of the extension and is willing to rebate a portion of the development expense funded by the Company should the contemplated final approval not be forthcoming.










NOW THEREFORE THIS AGREEMENT WITNESSETH THAT for and in consideration of the mutual covenants and agreements hereinafter contained, the parties hereto hereby agree as follows:




1.0

The parties agree to extend the final approval date described in Section 14 of the Option Agreement from November 30th, 2003 to February 9th, 2004 in consideration of the following:




2.0

The Operator shall continue with the Geochemical Surveys component of Phase II as described on page 10 the Business Plan excerpted below: 




	Operating Cost – Ore Development

	 	 	 
	 	 	 	 
	Exploration on other Targets

	Geochemical Surveys (5)

	$10,000

	 
	 	Trenching

	$5,000

	 
	 	Drilling

	$25,000

	$40,000


	Reporting

	 	 	$7,000


	 	 	 	 
	 	 	 	$47,000


	 	 	 	 





3.0

The Operator shall continue with all normal planning and marketing activities approved by the Management Committee associated with Phase II Test Mining that would normally be performed should the required regulatory approval have been obtained.




4.0

In the event that regulatory approval is not received by February 9th, 2004 then MacLean shall refund 100% of the funds expended by Zena in excess of the $1,000 per month retainer after November 24, 2003 from the first proceeds of third party funding arranged.




IN WITNESS WHEREOF this Agreement was executed by the parties as of the date and year first above written.




	ZENA CAPITAL CORP.

	 	 
	 	 	 
	 	 	 
	Terry Amisano, President

	 	 
	Per

	 	 
	 	 	 
	ROCK CREEK MINERALS LTD.

	 	 
	 	 	 
	 	 	 
	Kevin Hanson, Director

	 	 
	Per

	 	 
	 	 	 
	MACLEAN

	 	 
	 	 	 
	Byard MacLean

	 	 
	Per
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 10-60208

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

XIAO CHEN LIN,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Mississippi

USDC No. 1:06-CR-109-1

Before JOLLY, GARZA, and STEWART, Circuit Judges.

PER CURIAM:

*

Xiao Chen Lin, now federal prisoner # 08242-043, has appealed the district

court’s order denying his motion to modify his sentence under 18 U.S.C.

§ 3582(c)(1)(B). Lin contended in his § 3582 motion that his sentence was based

upon “inaccurate and fraudulent information,” that his guidelines sentence was

determined incorrectly, and that errors were committed during the guilty plea

proceeding. The district court determined that it lacked jurisdiction to modify

Lin’s sentence.

United States Court of Appeals

Fifth Circuit

F I L E D

December 30, 2010

Lyle W. Cayce

Clerk

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not *

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

Case: 10-60208 Document: 00511336679 Page: 1 Date Filed: 12/30/2010
No. 10-60208

“The district court’s jurisdiction to correct or modify a defendant’s sentence

is limited to those specific circumstances enumerated by Congress in [] § 3582.”

United States v. Garcia, 606 F.3d 209, 212 n.5 (5th Cir. 2010); see also § 3582(b)

& (c). None of those circumstances appertain to this case. Because the appeal

is frivolous, it is DISMISSED. 5TH CIR. R. 42.2.

2

Case: 10-60208 Document: 00511336679 Page: 2 Date Filed: 12/30/2010
INITIAL REVIEW ENGINEERING REPORT PMN: 04-0139

ENGINEER: Arnold / AMO PV (kg/yr):

SUBMITTER:

USE:

OTHER USES:

MSDS: Label:

General Eqp.: Respirator: Health Effects: TLV/PEL (PMN or raw materials):INITIAL REVIEW ENGINEERING REPORT PMN: 04-0139

CRSS (12/08/2003): Chemical Category:

VP: S-H 2 O:
MW: Phys State:

Consumer Use:

SAT (12/09/2003): Related cases: Ground Water: Health:

Eco:
PBT:

OCCUPATIONAL EXPOSURE RATING:INITIAL REVIEW ENGINEERING REPORT PMN: 04-0139

ASSUMPTIONS:

POLLUTION PREVENTION CONSIDERATIONS:INITIAL REVIEW ENGINEERING REPORT PMN: 04-0139

Site/Location: Days/yr:

Process Description:

ENVIRONMENTAL RELEASES (Eqpt. cleaning, container residue, etc.):

WATER: from:

to: basis:

OCCUPATIONAL EXPOSURE Tot. # of workers: Days/yr:

Inhalation: Basis:

Dermal: contact with liquids: Basis:
**Exhibit 10.1**

 

**Terms of Employee Bonus Plan for 2005**

 

On August 3, 2005, the Compensation Committee (the “Committee”) of the Telik, Inc. (the “Company”)Board of Directors established the terms of an employee bonus plan for 2005 related to the payment of bonuses to the Company’s executive officers for services to be performed in 2005. These bonuses are designed to attract, motivate, and retainthe Company’s executive officers and are based on the Company’s performance and the performance of individual executive officer as determined by the Company’s Board of Directors or the Committee. 

 

The plan provides for the payment to each executive officer of a bonusranging from 0% to 150% of such executive officer’s base salary. The amount of the bonus, if any, will be determined by the Committee based on the Committee’s assessment of the achievement of specified corporate objectives in 2005,including the completion of milestones relating to the progress of the Company’s clinical trials, planning and commercialization initiatives, corporate financial objectives, and clinical research and development programs, as well as theachievement of individual performance goals. 

 

The actualbonuses payable for 2005, if any, will vary depending upon the extent to which actual performance meets, exceeds, or falls short of the corporate objectives and any individual goals, and upon the level of the Company’s then current oranticipated cash reserves. 

 

The Company’s Board ofDirectors or the Committee reserve the right to modify the corporate or individual performance criteria based on business, financial and operational changes that may occur during the year.
**EXHIBIT 32**

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Quarterly Report of InterbankCapital Corp. (the “Company”) on Form 10-QSB for the period ended June 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Anthony N. DeMint, President and Chief Accounting Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

|   | 1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |
|--------|----|-----------------------------------------------------------------------------------------------------------------------|

 

|   | 2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

/s/ Anthony N. DeMint                                    

Anthony N. DeMint

President and Chief Accounting Officer

August 3, 2006
I 

112TH CONGRESS 

1ST SESSION H. R. 1622 

To amend the Communications Act of 1934 to provide for voluntary incentive 

auction revenue sharing. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2011 

Mr. LATTA introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL 

To amend the Communications Act of 1934 to provide for 

voluntary incentive auction revenue sharing. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Spectrum Innovation 

5 Act’’. 

6 SEC. 2. VOLUNTARY INCENTIVE AUCTION REVENUE SHAR7 ING. 

8 Section 309(j)(8) of the Communications Act of 1934 

9 (47 U.S.C. 309(j)(8)) is amended— 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 1622 IH

1 (1) in subparagraph (A), by striking ‘‘(D), and 

2 (E),’’ and inserting ‘‘(D), (E), and (F),’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(F) VOLUNTARY INCENTIVE AUCTION

5 REVENUE SHARING.— 

6 ‘‘(i) IN GENERAL.—Notwithstanding 

7 subparagraph (A) and except as provided 

8 in subparagraphs (B) and (C), if the Com9 mission determines that it is consistent 

10 with the public interest in utilization of the 

11 spectrum for a licensee to relinquish volun12 tarily some or all of its licensed spectrum 

13 usage rights in order to permit the assign14 ment of new initial licenses subject to new 

15 service rules, the proceeds from the use of 

16 a competitive bidding system under this 

17 subsection in granting such rights to an18 other licensee shall be shared, in an 

19 amount or percentage that the Commission 

20 considers appropriate, with the licensee 

21 who voluntarily relinquished such rights. 

22 ‘‘(ii) AMOUNTS NOT SHARED DEPOS23 ITED IN TREASURY.—In any case in which 

24 a licensee voluntarily relinquishes licensed 

25 spectrum usage rights under clause (i), the 


tjames on DSKG8SOYB1PROD with BILLS
3 

•HR 1622 IH

1 Commission shall deposit in the Treasury 

2 any portion of the proceeds described in 

3 such clause that the Commission does not 

4 share with the licensee (except proceeds re5 tained under subparagraph (B) and depos6 its described in subparagraph (C)).’’. 

7 SEC. 3. RULES FOR VOLUNTARY INCENTIVE AUCTION REV8 ENUE SHARING. 

9 Not later than 1 year after the date of the enactment 

10 of this Act, the Federal Communications Commission shall 

11 establish rules for the implementation of voluntary incen12 tive auction revenue sharing under subparagraph (F) of 

13 section 309(j)(8) of the Communications Act of 1934, as 

14 added by section 2(2). 

15 SEC. 4. NO INVOLUNTARY RECLAMATION OF FRE16 QUENCIES. 

17 The Federal Communications Commission may not 

18 reclaim frequencies of broadcast television licensees di19 rectly or indirectly on an involuntary basis under subpara20 graph (F) of section 309(j)(8) of the Communications Act 

21 of 1934, as added by section 2(2). 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
##### 



Exhibit 32.1 WRITTEN STATEMENT
PURSUANT TO
18 U.S.C. SECTION 1350 The undersigned, Paul F. Walsh, the Chief Executive Officer, of eFunds
Corporation (the Company), and Thomas S. Liston, the Chief Financial Officer
of the Company, pursuant to 18 U.S.C. Section 1350, hereby certifies that, to
the best of their knowledge: (i) the Form 10-Q for the quarter ended June 30, 2004 of the Company (the
Report) fully complies with the requirements of section 13(a) and 15(d) of
the Securities Exchange Act of 1934; and (ii) the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company. Dated: August 5, 2004 /s/ Paul F. WalshPaul F. WalshChief Executive Officer /s/ Thomas S. ListonThomas S. ListonChief Financial Officer
Exhibit 23
                                                              ----------

                 CONSENT OF LAZAR, LEVINE & FELIX LLP
                                
             We consent to the incorporation by reference of our
report dated December 11, 1997 with respect to the consolidated
financial statements and notes thereto of Touchstone Applied
Science Associates, Inc. included in its Annual Report (Form 10-KSB)
for the fiscal year ended October 31, 1997 filed with the
Securities and Exchange Commission into (i) the Company's
Registration Statement on Form S-3 (SEC File No. 333-27659), and
(ii) the Company's Registration Statement on Form S-8 (SEC File
No. 333-424).



                                 LAZAR, LEVINE & FELIX LLP

New York, New York
January 29, 1998
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22

- 7263

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v.
CRYSTAL MARIE PATE , Defendant

- Appellant

.

Appeal from the United States District Court for the Eastern District of North Carolina , at Raleigh

. James C. Dever III , District Judge. ( 5:17

- cr - 00346

- D

- 3 )

Submitted : March 21 , 2023 Decided: March 24, 2023

Before WYNN and RICHARDSON , Circuit Judges , and KEENAN, Senior Circuit Judge

.

Affirmed by un published per curiam opinion

.
Crystal Marie Pate, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-7263 Doc: 10 Filed: 03/24/2023 Pg: 1 of 22 PER CURIAM: Crystal Marie Pate appeals the district court’s order denying relief on her 18 U.S.C. § 3582(c)(1)(A)(i) motion for compassionate release. Upon review, we discern no abuse of discretion in the district court’s determination that, under the pertinent 18 U.S.C. § 3553(a) sentencing factors, comp assionate release was not warranted. See United States
v. Kibble , 992 F.3d 326, 329

- 31 (4th Cir.) (providing standard of review and outlining steps for evaluating compassionate release motions) , cert. denied , 142 S. Ct. 383 (2021)

. Accordingly, we deny Pate’s motion to appoint counsel and affirm the district court’s order. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional

process.
AFFIRMED USCA4 Appeal: 22-7263 Doc: 10 Filed: 03/24/2023 Pg: 2 of 2
**EXHIBIT 23**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

The Board of Directors

Electro Scientific Industries, Inc.: 

We consent to the incorporation by reference in the registration statements (Nos. 033-65477, 333-35927, 333-84552 and 333-88727) on Form S-3 andregistration statements (Nos. 033-63705 333-16485, 333-16487, 333-29513, 333-35917, 333-46443, 333-55060, 333-67356, 333-88411, 333-122660, 333-122661, 333-122662, 333-137878, 333-137879, 333-146107, 333-151804, 333-155978 and 333-162876) on FormS-8 of Electro Scientific Industries, Inc. and subsidiaries of our reports dated June 14, 2011, with respect to the consolidated balance sheets of Electro Scientific Industries, Inc. as of April 2, 2011 and April 3, 2010, and therelated consolidated statements of operations, shareholders’ equity and comprehensive income (loss), and cash flows for each of the years in the three-year period ended April 2, 2011, and the effectiveness of internal control overfinancial reporting as of April 2, 2011, which reports appear in the April 2, 2011 annual report on Form 10 K of Electro Scientific Industries, Inc and subsidiaries. 

/s/ KPMG LLP 

Portland, Oregon 

June 14, 2011
EXHIBIT
32.1








SECTION
1350 CERTIFICATIONS





In
connection with the Annual Report of Security Capital Corporation (the
“Company”) on Form 10-K for the period ended December 31, 2008 as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Frank
West, Chief Executive Officer of the Company, certify, to the best of my
knowledge and belief, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section
906 of the Sarbanes Oxley Act of 2002, that:





1)
            The
      Report fully complies with the requirements of Section 13(a) or 15(d) of
      the Securities Exchange Act of 1934;
and





2)
            The
      information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.





Date:           March
13, 2009








/s/ Frank
West


Frank
West


Chief
Executive Officer
EXHIBIT32.1

 

CERTIFICATIONPURSUANT TO

18U.S.C. SECTION1350,

ASADOPTED PURSUANT TO

SECTION906 OF THE SARBANES-OXLEY ACT OF 2002

 

Inconnection with the Quarterly Report of Petrol Oil and Gas, Inc. (the"Company") on Form 10-QSB for the period ended September 30, 2004, as filedwith the Securities and Exchange Commission on the date hereof (the"Report"), I, Paul Branagan, President and Chief Executive Officer ofthe Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that:

-  The    Report fully complies with the requirements of Section 13(a) or 15(d) of the    Securities Exchange Act of 1934; andThe    information contained in the Report fairly presents, in all material    respects, the financial condition and results of operations of the Company.
 

/S/PaulBranagan                               

PaulBranagan

Presidentand Chief Executive Officer

November15, 2004
**Exhibit 32.2**

 

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the Quarterly Report of CareScience, Inc. (the“Company”) on Form 10-Q for the quarter ended June 30, 2003 as filed withthe Securities and Exchange Commission on the date hereof (the “Report”), I,Kurt Palek, Controller and Treasurer of the Company, certify, pursuant to 18U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of2002, that:

 

(1)          The Report fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(2)          The information contained in the Report fairlypresents, in all material respects, the financial condition and results of operationsof the Company.

 
| /s/ Kurt Palek           |   |
|--------------------------|--------|
| Kurt Palek               |
| Controller and Treasurer |
| August 7, 2003      |

 

A signed original of this written statement requiredby Section 906 has been provided to CareScience, Inc. and will be retained byCareScience, Inc. and furnished to the Securities and Exchange Commission orits staff upon request.

 

----